Civil Liberties
Conviction for Surreptitiously Recording Conversation with Police Chief in His Office Reversed;
on remand, jury must be instructed that it has to determine (among other things) whether the defendant “reasonably believed the conversation was not confidential.”
No Sealing of Police Body-Cam Video in Lawsuit Over Confrontation With Police,
even though the video includes a brief appearance by a minor (a friend of plaintiff's).
Court in Civil Case Holds Trump's Jan. 6 Speech Could Be Constitutionally Unprotected Incitement
But the claims against Donald J. Trump, Jr. and Rudy Giuliani are dismissed.
Students Strip Searched for Vaping Devices
Prosecutor says no criminal charges will be filed, because the girls could leave their undergarments on.
Biden Administration Files Dubious Lawsuit Challenging Missouri's Gun Sanctuary Law [Updated with a Note on State Courts]
The suit deserves to fail for much the same reasons as Trump-era attacks on immigration sanctuaries.
The Revolt of the Canadian Truckers
In an age of elite scorn, government mandates, a rotten economy—and powerful, decentralized communication tools—common people are pushing back.
European Leaders Find Backdoor Way To Ban Porn on Social Media
Plus: Elon Musk accuses the SEC of trying to silence him, Elizabeth Warren gets her antitrust wish, and more...
Canada's Panicked Government Engages in Undemocratic Theft
Apparently the rule of law doesn’t matter if Justin Trudeau doesn’t like your peaceful protest.
Let's Go Brandon, Fly Your Anti-Biden Flag
Kokomo officials agree not to enforce ordinance banning “obscene, indecent, or immoral” signs against flag that says “Fuck Biden and fuck you for voting for him.”
The Men Who Killed Ahmaud Arbery Were Convicted of Murder. Now They Are on Trial for Racism.
According to a former federal prosecutor, the seemingly redundant case sends "the message that the Justice Department won't tolerate this type of racist hatred."
The Biden Administration Sues Over Missouri's Pro–Second Amendment Law
Plus: An antitrust lawsuit against Juul was dismissed, the EARN IT Act's sponsor has a new proposal, and more...
Jacob Mchangama: How Hate Speech Laws Punish Minorities
In the new book Free Speech, the Danish activist defends radical self-expression from Socrates to social media.
Philadelphia's D.A. Sees Little Value and Much Injustice in Gun Possession Arrests
Larry Krasner also questions the effectiveness of "supply-side" measures aimed at reducing criminals' access to firearms.
Free, State-Run Preschool Worse for Poor Kids Than No Preschool, Study Finds
"If this study doesn't put the nail in the coffin of academic training to little children, it's hard to imagine what will," says psychologist Peter Gray.
Palin v. NYT Jurors "Learned of the Court's" Decision Against Palin Before Rendering Verdict
"The jurors repeatedly assured the Court's law clerk that these notifications had not affected them in any way or played any role whatever in their deliberations."
Misinformation or Political Dysfunction—Which Comes First?
Plus: Trafficking visas, a new no-fly list?, and more...
Some History of Insults of Lawyers, and Whether They Are Libelous
"He hath no more law than [a monkey/bull/goose]" vs. slight mischaracterization of legal advice.
EARN IT Act Abuses Privacy in the Guise of Protecting Kids
It probably won't save any children, but it might mean the end of encrypted messaging.
Amir Locke's Death Demonstrates the Recklessness of 'Dynamic Entry' Tactics
Banning "no-knock" search warrants is not enough to prevent lethal confrontations between cops and people exercising the right to armed self-defense.
Gun-Maker Remington Settles with Sandy Hook Families Over Alleged Liability for Misuse of Weapon They Made
A settlement means no official legal precedent is set, but holding gun sellers responsible for crimes of gun users could harm Americans' ability to enjoy their Second Amendment rights.
SSRN Restores Academic Publication Despite Threat of Defamation Claim
Professor Lipton's article, "Capital Discrimination" is back up on SSRN, despite the efforts of Philip Shawe's attorneys.
Police Search Rape Kit DNA To See if Victims Are Also Criminals
Plus: Spike in people who want less immigration, gun enforcement won't stop violent crime, the Palin libel trial, and more...
Teacher Spying Is Instilling Surveillance Culture Into Students
“We totally stalked what they were doing on Google,” one teacher said.
Court Bars Mother from Exposing "Child to an Activity That Violates" "Child's Orthodox Jewish Chasidic Faith";
N.Y. appellate court reverses the order.
From Halftime Show to Social Media, Calls To Ban Rap
Plus: Texas voting law likely unconstitutional, remote workers and rural towns, and more...
Canada's Freedom Convoy Embodies Fatigue with Pandemic Authoritarianism
COVID-19 policies eroded liberty and many people want it back.
SSRN Removes Academic Paper Due to Defamation Claim
A paper by Professor Ann Lipton has been deplatformed because Philip R. Shawe does not like how it portrays his actions in a business dispute, and now a law review may refuse to publish the piece.
Assessing the State of the Struggle to Reform Qualified Immunity
The Institute for Justice offers a generally pessimistic appraisal of the situation under state law, but some optimism about prospects in the Supreme Court.
NYC Mayor Adams Wants More Facial Recognition Software for Cops
Facial recognition software can secretly surveil and is subject to error.
New Report Highlights an Old Problem—the CIA Is Still Snooping on Americans
In a program separate from the ones disclosed by Edward Snowden, we see more mass secret domestic data collection.
Homeland Security Is Already Mobilizing Against Potential Protests by U.S. Truckers
Plus: The EARN It Act advances, against climate despair, and more...